DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMD Constructions Pty Ltd
(AG2017/2299)

BMD CONSTRUCTIONS PTY LTD LXRA PROJECTS (MELTON HIGHWAY AND THOMPSONS ROAD) ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 JULY 2017

Application for approval of the BMD Constructions Pty Ltd LXRA Projects (Melton Highway and Thompsons Road) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BMD Constructions Pty Ltd LXRA Projects (Melton Highway and Thompsons Road) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BMD Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2017. The nominal expiry date of the Agreement is 29 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BMD Constructions Pty Ltd applied for approval of the BMD Constructions Pty Ltd LXRA Projects (Melton Highway and Thompsons Road) Enterprise Agreement 2017. The application was heard by the Fair Work Commission. The dispute involved the terms and conditions of employment for employees under the proposed enterprise agreement.

The legal issues before the Commission included whether the agreement was fairly and properly formed and whether it complied with the relevant legislative provisions. Key issues also involved whether the agreement provided fair and reasonable terms and conditions for the employees, and whether the agreement was in the best interests of the employees and the employer. The Commission also needed to assess if the agreement was made without any undue influence or coercion.

The Fair Work Commission found that the agreement was made in good faith, without any undue influence or coercion, and was in the best interests of both the employees and the employer. The Commission determined that the agreement provided fair and reasonable terms and conditions for the employees and was consistent with the relevant legislative framework. Consequently, the Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the BMD Constructions Pty Ltd LXRA Projects (Melton Highway and Thompsons Road) Enterprise Agreement 2017, recognising it as a valid and binding agreement between the employer and the employees.

BMD Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established